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    <title>2009 (1) TMI 954 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI</title>
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    <description>Purported gifts routed through non-resident accounts were scrutinised under section 9(1)(a) of the Foreign Exchange Regulation Act, 1973, where the surrounding circumstances suggested that consideration had passed rather than genuine voluntary transfers. The tribunal noted that substantial draft receipts, the tainted nature of the accounts, admissions by other beneficiaries, and the appellants&#039; failure to explain facts within their special knowledge justified an adverse inference. On that basis, the alleged gifts were treated as a colourable commercial arrangement, the contravention was found to be established, and the penalty was sustained.</description>
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      <description>Purported gifts routed through non-resident accounts were scrutinised under section 9(1)(a) of the Foreign Exchange Regulation Act, 1973, where the surrounding circumstances suggested that consideration had passed rather than genuine voluntary transfers. The tribunal noted that substantial draft receipts, the tainted nature of the accounts, admissions by other beneficiaries, and the appellants&#039; failure to explain facts within their special knowledge justified an adverse inference. On that basis, the alleged gifts were treated as a colourable commercial arrangement, the contravention was found to be established, and the penalty was sustained.</description>
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